M MUNUSWAMY Vs. DURAISWAMY

JUDGEMENT

(1.) THIS civil revision petition by the 1st defendant mortgagor is against the order dated 6.8.1990 in I.A.No.369 of 1990 in O.S.No.97 of 1987 on the file of Sub Court, Krishnagiri.

(2.) THE suit, by the 1st respondent mortgagee, is for recovery of the amount due under the suit mortgage. THE plaint states that the original mortgage deed was lost and so, the suit has been filed enclosing a certified copy thereof. THE written statement of the petitioner admits execution of the mortgage deed and passing of consideration thereof, but only pleads discharge it also states that on discharge, the original mortgage deed also has been returned to the defendant. It does not however specifically aver that the plaintiffs plea that the original mortgage deed was lost, is not true.

(3.) THE prayer in the present LA. is to "amend the issues as detailed hereunder.... Details of Amended Issues: Delete the 1st issue and amend" whether the plea of the plaintiff that he lost the Original mortgage deed is true"" (Underlining is mine) It is not known why the first issue in the suit has to be deleted, what actually is to be amended, why plural term" issues " is used and what is meant by" amended issues " even before amendment was ordered. It is very much painful to note that the petitioner's counsel in the court below has not bestowed even ordinary care in drafting the petition and that the court below also has numbered the petition and entertained it is such an indifferent attitude, without even taking the elementary care. THE affidavit in support of the petition too exhibits want of care in drafting.